Class 1 Ad Durarul Bahiyah Notes

Water is pure and purifies, nothing exits it from these two attributes except that which its smell, taste, or colour changes due to impurities.

Shaykh Al Fawzaan said:”If it [the water] changes with other than impurities, then this doesn’t harm, such as if it changes with leaves, or due to sand, or due to that which the wind makes it go in it from the pure things, then this doesn’t harm; it only harms if impurities go into it.”

In the technical term of the scholars of jurisprudence. it means lifting/raising of ritual impurity, or that which is in the meaning of lifting [ritual impurity] with water or sand, [them being] the two pure substances, or ceasing of impurity.

Lifting of ritual impurity: Either minor or major ritual impurity by either doing ablution or Ghusl [ritual bath].

That which is in the meaning of ritual impurity:

Enters into it renewing ones ablution, for it is purity but it isn’t done to lift ritual impurity.

Ceasing of impurity:

Such as cleaning an impure substance from the ground, etc.

Water in Arabic is called ماء, and its plural is مِيَاه

Majority of the scholars went towards the stance that water is categorized into three:

‎الطَهُور = That which is pure in of itself and purifies.

‎الطَّاهِر = That which is pure in of itself but doesn’t purify.

‎النجس = That which is impure in of itself and doesn’t purify.

Clarification:

The distinction between water which is طَهور and طاهر isn’t correct for indeed every water which is pure is considered purifying, due to the generality of the proofs such as Allah Aza Wa Jal’s statement:‎و أنزلنا من السماء ماء طهورا”And We sent down pure water from the sky”[25:48]

Those who said there isn’t a difference between the two [i.e. طَهور and طاهر] are:

If water is little and an impure substance mixes with it and none of its characteristics changes.

There are seven stances regarding it as An Nawawi mentioned in Sharhul Muhathab and the correct stance as mentioned by Shaykh Muhammad Ibn Hizaam in Fathul Alaam is that water, whether it be abundant or little, it doesn’t become impure except if one of its characteristics changes. Those who deemed this to be the correct stance are

Al Haafith Ibnul Munthir [Muhammad Ibn Ibraheem]

Shaykhul Islaam Ibn Taymiyah

Shaykhul Islaam Ibnul Qaiyum [Muhammad Ibn Abi Bakr]

As Sanaani [Muhammad Ibn Ismaeel]

Ash Shawkaani [Muhammad Ibn Ali]

Ibn Baaz

Al Uthaymeen

and other than them.

If water is mixed with something pure, its name changes such as Tea, Kool Aid, etc.

Ibn Qudaamah mentioned in Al Mughni:

It’s not permissible to do ablution with it, nor Ghusl and he said: We don’t know of any differing in regards to it.

Stagnant water:

In the narration of Abu Huraira رضي الله عنه, the prophet صلى الله عليه و سلم said:None of you should take a bath in stagnant water when he is sexually impure[Reported in Saheeh Muslim]And in Saheeh Al Bukhari with the wording:

“None of you should pass urine in stagnant water which is not flowing [since] then [you may need to] wash in it.”

The Ruling Of The Sexually Impure One Washing In Stagnant Water

Ash Shaykh Muhammad Ibn Hizaam said:I don’t know of any factual evidence which takes away the prohibition from prohibition [to disliking etc], and the apparent speech of Ibn Hazm in Al Muhalla is that he says with prohibition.

If one who is sexually impure and thus he washes in stagnant water is the ritual impurity raised?

Shaykh Muhammad Ibn Hizaam mentions in the summarization of his speech:That which is correct is that his ritual impurity is raised so long as the water is pure and hasn’t changed with impurity.

What is the ruling on urinating in stagnant water?Shaykh Muhammad Ibn Hizaam mentioned what is correct is that it is prohibited due to the narration mentioned which is in Al Bukhari.This is the stance of An Nawawi [Yahya Ibn Sharaf], some of the Hanbalis, and some of the Thaahiriyah.

As for urinating in large sea water, then more than one scholar has relayed consensus that it doesn’t enter into the previous matter. It is the statement of the majority and is correct.

Summary Of The Shaykh’s SpeechWater which has been already used by someone who did ablution or Ghusl with it:Ash Shaykh Muhammad Ibn Hizaam mentioned:A group from the scholars went towards that the used water is still pure and purifies. He mentioned it is the statement of

Az Zuhree [Muhammad Ibn Muslim]

Maalik [Malik Ibn Anas]

Al Awzaai [Abdurrahman Ibn Amr] in the most famous reports from them two

Abu Thawr [Ibraaheem Ibn Khaalid]

Dawood [Ibn Ali Ath Thaahiree]

Ibnul Munthir

Shaykhul Islam Ibn Taymiyah

Ash Shaykh Muhammad Ibn Ibraheem

Ash Shaykh Al Uthaymeen

Ash Shaykh Muqbil Ibn Haadee Al Wadiee and he mentioned other than them.

From the evidences they use is the statement of the prophet صلى الله عليه و سلم“Water is pure and purifies nothing in purifies it.”